83_FR_13584 83 FR 13523 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

83 FR 13523 - Notice of Lodging of Proposed Consent Decree Under the Clean Air Act

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 61 (March 29, 2018)

Page Range13523-13524
FR Document2018-06366

Federal Register, Volume 83 Issue 61 (Thursday, March 29, 2018)
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Pages 13523-13524]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-06366]


-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean Air 
Act

    On March 23, 2018, the Department of Justice lodged a proposed 
consent decree with the United States District Court for the District 
of North Dakota in the lawsuit entitled United States of America v. XTO 
Energy Inc., Civil Action No. 1:18-cv-00060.
    The lawsuit seeks injunctive relief and civil penalties for 
violations of the Clean Air Act and the Federal Implementation Plan for 
Oil and Natural Gas Well Production Facilities; Fort Berthold Indian 
Reservation at well pads owned and operated by XTO Energy Inc. 
(``XTO'') on the Fort Berthold Indian Reservation in North Dakota. The 
violations relate to alleged failures to adequately design, operate, 
and maintain storage tank vapor control systems, resulting in emissions 
of volatile organic compounds (``VOC'') and other pollutants to the 
atmosphere.
    The proposed consent decree covers all 20 of XTO's well pads on the 
Fort Berthold Indian Reservation. The proposed decree requires XTO to 
perform injunctive relief, including conducting engineering evaluations 
of the vapor control systems at each of the well pads to ensure that 
they are adequately sized and designed. XTO must also complete one 
environmental mitigation project, estimated to cost at least $425,000, 
and pay a $320,000 civil penalty. Entering into and fully complying 
with the proposed consent decree would release XTO from past civil 
liability at the tanks systems as associated vapor control systems for 
violations of the Fort Berthold FIP relating to VOC emissions from 
storage tanks.
    The publication of this notice opens a period for public comment on 
the consent decree. Comments should be addressed to the Assistant 
Attorney General, Environment and Natural Resources Division, and 
should refer to United States of America v. XTO Energy Inc., D.J. Ref. 
No. 90-5-2-1-11656. All comments must be submitted no later than thirty 
(30) days after the publication date of this notice. Comments may be 
submitted either by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By email............................  pubcomment-ees.enrd@usdoj.gov.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ-ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the consent decree may be 
examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the consent decree upon written request and payment of reproduction 
costs. Please mail your request and payment to: Consent Decree Library, 
U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-7611.
    Please enclose a check or money order for $17.00 (25 cents per page

[[Page 13524]]

reproduction cost) payable to the United States Treasury.

Robert Brook,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-06366 Filed 3-28-18; 8:45 am]
 BILLING CODE 4410-15-P



                                                                             Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices                                                    13523

                                                 Controlled sub-                                        exercise all necessary functions with                    and maintain storage tank vapor control
                                                                         Drug code        Schedule
                                                    stance                                              respect to the promulgation and                          systems, resulting in emissions of
                                                                                                        implementation of 21 CFR part 1301,                      volatile organic compounds (‘‘VOC’’)
                                                Marihuana Ex-                    7350     I             incident to the registration of                          and other pollutants to the atmosphere.
                                                  tract.                                                manufacturers, distributors, dispensers,
                                                Marihuana .........             7360      I                                                                         The proposed consent decree covers
                                                Tetrahydrocann-                 7370      I
                                                                                                        importers, and exporters of controlled
                                                                                                                                                                 all 20 of XTO’s well pads on the Fort
                                                  abinols.                                              substances (other than final orders in
                                                                                                        connection with suspension, denial, or                   Berthold Indian Reservation. The
                                                                                                        revocation of registration) has been                     proposed decree requires XTO to
                                                  The company plans to bulk
                                                                                                        redelegated to the Assistant                             perform injunctive relief, including
                                                manufacture the listed controlled
                                                                                                        Administrator of the DEA Diversion                       conducting engineering evaluations of
                                                substances to make available to the
                                                National Institute on Drug Abuse                        Control Division (‘‘Assistant                            the vapor control systems at each of the
                                                (NIDA) a supply of bulk marihuana for                   Administrator’’) pursuant to section 7 of                well pads to ensure that they are
                                                distribution to research investigators in               28 CFR part 0, appendix to subpart R.                    adequately sized and designed. XTO
                                                support of the national research                          In accordance with 21 CFR                              must also complete one environmental
                                                program needs. No other activities for                  1301.34(a), this is notice that on                       mitigation project, estimated to cost at
                                                these drug codes are authorized for this                February 18, 2015, S&B Pharma, Inc.,                     least $425,000, and pay a $320,000 civil
                                                registration.                                           DBA NORAC Pharma, 405 S. Motor                           penalty. Entering into and fully
                                                                                                        Avenue, Azusa, CA 91702 applied for                      complying with the proposed consent
                                                  Dated: March 15, 2018.
                                                                                                        renewal of their registration as an                      decree would release XTO from past
                                                Susan A. Gibson,                                        importer of the following basic classes                  civil liability at the tanks systems as
                                                Deputy Assistant Administrator.                         of controlled substances:                                associated vapor control systems for
                                                [FR Doc. 2018–06323 Filed 3–28–18; 8:45 am]
                                                                                                                                                                 violations of the Fort Berthold FIP
                                                BILLING CODE 4410–09–P                                                                      Drug
                                                                                                          Controlled substance                       Schedule    relating to VOC emissions from storage
                                                                                                                                            code
                                                                                                                                                                 tanks.
                                                DEPARTMENT OF JUSTICE                                   4-Anilino-N-phenethyl-4-            8333     II
                                                                                                                                                                    The publication of this notice opens
                                                                                                          piperidine (ANPP).
                                                                                                        Tapentadol ......................   9780     II          a period for public comment on the
                                                Drug Enforcement Administration                                                                                  consent decree. Comments should be
                                                [Docket No. DEA–392]                                      The company plans to import the                        addressed to the Assistant Attorney
                                                                                                        controlled substances in bulk for the                    General, Environment and Natural
                                                Importer of Controlled Substances                       manufacture of other controlled                          Resources Division, and should refer to
                                                Application: S&B Pharma, Inc.                           substances for its customers. Tapentadol                 United States of America v. XTO Energy
                                                                                                        (9780) will be imported in Intermediate                  Inc., D.J. Ref. No. 90–5–2–1–11656. All
                                                ACTION:   Notice of application.
                                                                                                        form to bulk manufacture Tapentadol                      comments must be submitted no later
                                                DATES:  Registered bulk manufacturers of                for distribution to its customers. No                    than thirty (30) days after the
                                                the affected basic classes, and                         other activity for these drug codes will                 publication date of this notice.
                                                applicants therefore, may file written                  be allowed.                                              Comments may be submitted either by
                                                comments on or objections to the                          Dated: March 15, 2018.                                 email or by mail:
                                                issuance of the proposed registration on                Susan A. Gibson,
                                                or before April 30, 2018. Such persons                  Deputy Assistant Administrator.                          To submit           Send them to:
                                                may also file a written request for a                                                                            comments:
                                                                                                        [FR Doc. 2018–06322 Filed 3–28–18; 8:45 am]
                                                hearing on the application on or before                 BILLING CODE 4410–09–P                                   By email .......    pubcomment-ees.enrd@
                                                April 30, 2018.
                                                                                                                                                                                       usdoj.gov.
                                                ADDRESSES: Written comments should                                                                               By mail .........   Assistant Attorney General,
                                                be sent to: Drug Enforcement                            DEPARTMENT OF JUSTICE                                                          U.S. DOJ–ENRD, P.O. Box
                                                Administration, Attention: DEA Federal                                                                                                 7611, Washington, DC
                                                Register Representative/DRW, 8701                       Notice of Lodging of Proposed                                                  20044–7611.
                                                Morrissette Drive, Springfield, Virginia                Consent Decree Under the Clean Air
                                                22152. All requests for hearing must be                 Act
                                                                                                                                                                   During the public comment period,
                                                sent to: Drug Enforcement                                 On March 23, 2018, the Department of                   the consent decree may be examined
                                                Administration, Attn: Administrator,                    Justice lodged a proposed consent                        and downloaded at this Justice
                                                8701 Morrissette Drive, Springfield,                    decree with the United States District                   Department website: https://
                                                Virginia 22152. All request for hearing                 Court for the District of North Dakota in                www.justice.gov/enrd/consent-decrees.
                                                should also be sent to: (1) Drug                        the lawsuit entitled United States of                    We will provide a paper copy of the
                                                Enforcement Administration, Attn:                       America v. XTO Energy Inc., Civil
                                                Hearing Clerk/LJ, 8701 Morrissette                                                                               consent decree upon written request
                                                                                                        Action No. 1:18–cv–00060.                                and payment of reproduction costs.
                                                Drive, Springfield, Virginia 22152; and                    The lawsuit seeks injunctive relief
                                                (2) Drug Enforcement Administration,                                                                             Please mail your request and payment
                                                                                                        and civil penalties for violations of the
                                                Attn: DEA Federal Register                              Clean Air Act and the Federal                            to: Consent Decree Library, U.S. DOJ—
                                                Representative/DRW, 8701 Morrissette                    Implementation Plan for Oil and Natural                  ENRD, P.O. Box 7611, Washington, DC
sradovich on DSK3GMQ082PROD with NOTICES




                                                Drive, Springfield, Virginia 22152.                     Gas Well Production Facilities; Fort                     20044–7611.
                                                SUPPLEMENTARY INFORMATION:                              Berthold Indian Reservation at well                        Please enclose a check or money order
                                                   The Attorney General has delegated                   pads owned and operated by XTO                           for $17.00 (25 cents per page
                                                his authority under the Controlled                      Energy Inc. (‘‘XTO’’) on the Fort
                                                Substances Act to the Administrator of                  Berthold Indian Reservation in North
                                                the Drug Enforcement Administration                     Dakota. The violations relate to alleged
                                                (DEA), 28 CFR 0.100(b). Authority to                    failures to adequately design, operate,


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                                                13524                        Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices

                                                reproduction cost) payable to the United                from which $3,045,046 will reimburse                    reproduction cost) payable to the United
                                                States Treasury.                                        the federal and state trustees for past                 States Treasury.
                                                Robert Brook,                                           assessment costs ($2,981,841.85 for                     Thomas P. Carroll,
                                                Assistant Section Chief, Environmental
                                                                                                        federal trustees and $63,204 for state                  Assistant Section Chief, Environmental
                                                Enforcement Section, Environment and                    trustees) and $7,954,954.15 will be                     Enforcement Section, Environment and
                                                Natural Resources Division.                             deposited into the Bayou d’Inde Area of                 Natural Resources Division.
                                                [FR Doc. 2018–06366 Filed 3–28–18; 8:45 am]             Concern Site Restoration Account                        [FR Doc. 2018–06360 Filed 3–28–18; 8:45 am]
                                                BILLING CODE 4410–15–P                                  within the NRDAR Fund managed by                        BILLING CODE 4410–15–P
                                                                                                        the United States Department of Interior
                                                                                                        for use by the trustees to pay for future
                                                DEPARTMENT OF JUSTICE                                   natural resource restoration actions                    DEPARTMENT OF JUSTICE
                                                                                                        selected by the trustees. In
                                                Notice of Lodging of Proposed                           consideration for the payments to be                    Notice of Lodging of Proposed
                                                Consent Decree Under the                                made by the Settling Defendants, and                    Consent Decree Under the Clean Air
                                                Comprehensive Environmental                                                                                     Act
                                                                                                        subject to certain reservations of rights,
                                                Response, Compensation and Liability
                                                                                                        the United States, LDEQ and LDWF                           On March 19, 2018, the Department of
                                                Act and The Clean Water Act
                                                                                                        covenant not to sue or take any civil                   Justice lodged a proposed Consent
                                                   On March 22, 2018, the Department of                 judicial or administrative action against               Decree with the United States District
                                                Justice lodged a proposed Consent                       the Settling Defendants to recover for                  Court for the Northern District of Ohio
                                                Decree with the United States District                  the natural resource damages as defined                 in the lawsuit entitled United States v.
                                                Court for the Western District of                       in the Consent Decree.                                  Martin Marietta Magnesia Specialties
                                                Louisiana in the lawsuit entitled United                                                                        LLC, Civil Action No. 3:18–cv–00633.
                                                States, Louisiana Department of                            The publication of this notice opens                    The proposed Consent Decree
                                                Environmental Quality, and Louisiana                    a period for public comment on the                      resolves claims under Clean Air Act
                                                Department of Wildlife and Fisheries,                   Consent Decree. Comments should be                      (‘‘CAA’’) Sections 113(b) and 167, 42
                                                for the State of Louisiana v. CITGO                     addressed to the Assistant Attorney                     U.S.C. 7413(b) and 7477, against Martin
                                                Petroleum Corporation, Occidental                       General, Environment and Natural                        Marietta Magnesia Specialties LLC
                                                Chemical Corporation, OXY USA Inc.,                     Resources Division, and should refer to                 (‘‘MMMS’’), the owner and operator of
                                                and PPG Industries, Inc., Civil Action                  United States, Louisiana Department of                  a lime manufacturing plant located in
                                                No. 2:18–cv–00402.                                      Environmental Quality, and Louisiana                    Woodville, Sandusky County, Ohio. The
                                                   The Consent Decree resolves                          Department of Wildlife and Fisheries,                   Complaint asserts claims pursuant to
                                                Plaintiffs’ claims, as the trustees of                  for the State of Louisiana v. CITGO                     the CAA for violations of the Prevention
                                                natural resources, for injuries to natural              Petroleum Corporation, Occidental                       of Significant Deterioration (‘‘PSD’’)
                                                resources in connection with the                        Chemical Corporation, OXY USA Inc.,                     provisions of the CAA, 42 U.S.C. 7470–
                                                discharge of hazardous substances into                  and PPG Industries, Inc., D.J. Ref. No.                 92, Title V of the Act, 42 U.S.C. 7661 et
                                                Bayou d’Inde in the Calcasieu Estuary                   90–11–2–1284/3. All comments must be                    seq., and the National Emission
                                                located in Calcasieu Parish, Louisiana.                 submitted no later than thirty (30) days                Standards for Hazardous Air Pollutants
                                                Specifically, the United States, on                     after the publication date of this notice.              (‘‘NESHAP’’) provisions of the CAA, 42
                                                behalf of the National Oceanic and                                                                              U.S.C. 7412, and the NESHAP
                                                                                                        Comments may be submitted either by
                                                Atmospheric Administration and the                                                                              regulations governing lime
                                                                                                        email or by mail:
                                                U.S. Department of Interior, as federal                                                                         manufacturing plants, 40 CFR part 63,
                                                trustees for natural resources injured by                                                                       subparts A and AAAAA (‘‘Lime
                                                                                                        To submit
                                                Settlors’ disposals of hazardous                                             Send them to:                      MACT’’).
                                                                                                        comments:
                                                substances, seek to recover natural                                                                                Under the proposed Consent Decree,
                                                resource damages pursuant to Section                    By email .......     pubcomment-ees.enrd@               and at an estimated cost of
                                                107(a) of the Comprehensive                                                    usdoj.gov.                       approximately $20 million, MMMS will
                                                Environmental Response,                                 By mail .........    Assistant Attorney General,        address sulfur dioxide (‘‘SO2’’) and
                                                Compensation, and Liability Act                                                U.S. DOJ–ENRD, P.O. Box          nitrogen oxide (‘‘NOX’’) emissions from
                                                (‘‘CERCLA’’), 42 U.S.C. 9607(a), and                                           7611, Washington, DC             the Woodville Facility through the
                                                Section 311(f) of the Federal Water                                            20044–7611.                      addition of preheaters to Lime Kilns #1
                                                Pollution Control Act (‘‘CWA’’), 33                                                                             and #2 and address particulate matter
                                                U.S.C. 1321(f). The Louisiana                             During the public comment period,                     (‘‘PM’’) emissions by routing emissions
                                                Department of Environmental Quality                     the Consent Decree may be examined                      from Kiln #1 through a baghouse. Kilns
                                                (‘‘LDEQ’’) and the Louisiana Department                 and downloaded at this Justice                          #1 and #2 will also be required to meet
                                                of Wildlife and Fisheries (‘‘LDWF’’), for               Department website: https://                            specified SO2 and NOX emissions limits.
                                                the State of Louisiana, join in this action             www.justice.gov/enrd/consent-decrees.                   Additionally, under the proposed
                                                and also seek to resolve claims under                   We will provide a paper copy of the                     Consent Decree, MMMS will pay an
                                                the Louisiana Environmental Quality                     Consent Decree upon written request                     $800,000 civil penalty and perform a
                                                Act, La. R.S. § 30:2025. The proposed                   and payment of reproduction costs.                      vehicle replacement supplemental
                                                Consent Decree resolves these claims.                   Please mail your request and payment                    environmental project valued at
                                                Under the proposed Consent Decree,
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        to: Consent Decree Library, U.S. DOJ—                   $375,000.
                                                Settling Defendants CITGO Petroleum                     ENRD, P.O. Box 7611, Washington, DC                        The publication of this notice opens
                                                Corporation, Occidental Chemical                                                                                a period for public comment on the
                                                                                                        20044–7611.
                                                Corporation, OXY USA Inc., and PPG                                                                              Consent Decree. Comments should be
                                                Industries, Inc. are resolving their                      Please enclose a check or money order                 addressed to the Assistant Attorney
                                                liability for natural resource damages                  for $9.75 (25 cents per page                            General, Environment and Natural
                                                alleged in the Complaint and agree to                                                                           Resources Division, and should refer to
                                                pay jointly the total sum of $11 million                                                                        United States v. Martin Marietta


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Document Created: 2018-03-29 00:25:39
Document Modified: 2018-03-29 00:25:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 13523 

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